Date: 10/29/2013

Final
Bill 1

TRANSPORTATION LEGISLATION REVIEW COMMITTEE

Votes: View--> Action Taken:
Move a conceptual amendment page 19, line 10 strik
Move a conceptual amendment to strike ", AND, IN C
Move that Bill 1, as amended, be included as one o
Move that Bill 1, as amended, be included as one o		PASS
PASS
PASS



11:14 AM -- Bill 1

Representative Primavera explained Bill 1 (Attachment E). She explained the intent of the bill and said it reorganizes and clarifies the disabled parking statutes. Mr. Jery Payne, Office of Legislative Legal Services, explained the changes made under the bill. Senator Heath asked about companies that violate disabled parking laws and said that he is troubled at how far the violations might go. Mr. Payne said that under current law, both the executive officer and the employee are separately liable. Senator Baumgardner asked about the "c" on the registration or parking placard. Mr. Payne said that it is not in current statute, although he thinks the Department of Revenue might already be doing it. He said that the "c" in current statute refers to the parking placard. Senator Baumgardner asked about penalties if the person who owns the placard is not in the vehicle when the placard is being used. Mr. Payne clarified that Senator Baumgardner is asking about a disabled child whose parent is using the placard and that if the child is not in the vehicle, under current law that would be illegal. Senator Baumgardner said he is trying to make the point that it is hard to enforce if you do not know that the child is in the car or not.

13TLRC1029AttachE.pdf13TLRC1029AttachE.pdf

11:24 AM -- Mr. Mark Simon, representing himself, responded to questions from the committee. He said that current law indicates that disabled parking placard is meant to be used for the direct benefit of the individual for whom the placard is intended. Representative Peniston asked for more information about the prohibition against using reserved disabled parking for commercial purposes. Mr. Simon responded about a situation at Coors Field where an individual was parking in a disabled parking space to sell items to customers.


11:26 AM

Mr. Simon referred the committee to his handout (Attachment F). Mr. Simon clarified that the handout is new language that he is proposing as an amendment to the bill. Representative Tyler said that the committee could not consider the amendment since it was not a formal amendment that has been written up, and that Mr. Simon's proposed changes are too large to be considered a conceptual amendment. Mr. Simon said that the statute flows much better in the bill and is more clear about how to get a parking placard and how to use it.

13TLRC1029AttachF.pdf13TLRC1029AttachF.pdf

11:28 AM

Mr. Payne commented that some of Mr. Simon's proposed language changes would go beyond clarifying changes and may require the title of the bill to be broadened. Discussion ensued concerning whether to broaden the title and how to handle the proposed language. Representative Primavera said she has not had a chance to look at the proposed language. Mr. Payne said that the violation and penalty changes that Mr. Simon is proposing would require a broadened title. Representative Tyler said that the bill is solid and that a separate bill could be run in session to address the penalty changes, rather than changing the title for the purposes of incorporating the proposed language changes as a committee bill. Discussion ensued concerning broadening the short title.
BILL:Bill 1
TIME: 11:32:00 AM
MOVED:Fischer
MOTION:Move a conceptual amendment to strike ", AND, IN CONNECTION THEREWITH, CLARIFYING CERTAIN PROVISIONS" from the bill's title. The motion passed on a vote of 17-0.
SECONDED:Todd
VOTE
Baumgardner
Yes
Buck
Yes
Coram
Yes
Everett
Yes
Fischer
Yes
Jones
Yes
King
Yes
Kraft-Tharp
Yes
Lawrence
Excused
Lee
Yes
Mitsch Bush
Yes
Moreno
Yes
Peniston
Yes
Primavera
Yes
Scott
Yes
Todd
Yes
Heath
Yes
Tyler
Yes
YES: 17 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


11:34 AM -- Ms. Peg Ackerman, representing the County Sheriffs, and Mr. David Hall, representing the Colorado State Patrol, came to the table to address the bill. Ms. Ackerman discussed a potential conceptual amendment she and Mr. Hall would like the committee to include.
BILL:Bill 1
TIME: 11:36:33 AM
MOVED:King
MOTION:Move a conceptual amendment page 19, line 10 strike "SHALL" and insert "MAY". The motion passed on a vote of 17-0.
SECONDED:Baumgardner
VOTE
Baumgardner
Yes
Buck
Yes
Coram
Yes
Everett
Yes
Fischer
Yes
Jones
Yes
King
Yes
Kraft-Tharp
Yes
Lawrence
Excused
Lee
Yes
Mitsch Bush
Yes
Moreno
Yes
Peniston
Yes
Primavera
Yes
Scott
Yes
Todd
Yes
Heath
Yes
Tyler
Yes
YES: 17 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:Bill 1
TIME: 11:37:00 AM
MOVED:Primavera
MOTION:Move that Bill 1, as amended, be included as one of the bills forwarded to Legislative Council. The motion passed on a vote of 17-0.
SECONDED:Todd
VOTE
Baumgardner
Yes
Buck
Yes
Coram
Yes
Everett
Yes
Fischer
Yes
Jones
Yes
King
Yes
Kraft-Tharp
Yes
Lawrence
Excused
Lee
Yes
Mitsch Bush
Yes
Moreno
Yes
Peniston
Yes
Primavera
Yes
Scott
Yes
Todd
Yes
Heath
Yes
Tyler
Yes
Final YES: 17 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



11:38 AM

Representative Primavera requested to be the prime sponsor in the House, where the bill will start. Senator Todd will be prime sponsor in the Senate. Co-sponsors will be Representatives Peniston, Mitsch Bush, Tyler, Lee, and Kraft-Tharp, and Senators Jones and Heath. Representative Tyler gave OLLS authority to make technical changes to the bills.


11:40 AM

The committee took a recess for lunch.